(A) Purpose. A High Density Residence District and its regulations are established in order to achieve, among others, the following purposes:
(1) To regulate bulk and location of buildings in relation to the land in order to obtain proper light, air, privacy and usable open spaces on each zoning lot appropriate for the district;
(2) To regulate density and distribution or population in accordance with a plan to avoid congestion and to maintain adequate services; and
(3) To protect the desirable characteristics of both existing and planned residential development, to maintain stability; and
(4) To promote for public benefit the most desirable and beneficial use of the land without precluding a diverse approach to development consistent with the objectives of an evolving population.
(B) Development plans. Preliminary and final development plans shall be required for all proposed development in a High Density Residence District.
(1) Preliminary plan requirements. All preliminary plans shall include the following:
(a) Drawing. A drawing of the property showing boundaries and topography and showing the land owned and proposed for development, as well as describing any historic features and prior uses.
(b) Buildings. The locations, size, height and use of all main and accessory buildings and their general design and color.
(c) Streets. The proposed pattern of vehicular circulation, including estimated traffic volumes, service access and relationship to existing streets.
(d) Utilities. Evidence of adequacy of all required utilities and services.
(e) Parking. A parking area site plan as described in § 152.016 shall be provided (the review process is incorporated into this overall development plan review process).
(f) Miscellaneous. Other site improvement, including general drainage improvements.
(2) Presentation of preliminary plans. Presentation of preliminary plans shall be made to the Planning Commission. A non-returnable application fee (as provided for in § 152.066) shall accompany an application to the Planning Commission. The Planning Commission shall submit plans to the appropriate departments within the village for their comments (e.g., Fire, Police and Board of Public Affairs).
(3) Approval of preliminary plans. The Planning Commission shall act upon any preliminary plan submitted within 45 days from the date of submittal of all required information. If the preliminary plans are not acceptable to the Planning Commission, based on the requirements and intent of this section, a revised preliminary plan may be presented. If the preliminary or revised preliminary plans are acceptable to the Planning Commission with slight modifications, final plans, including such modification, may be submitted.
(4) Final development plan requirements. All final development plans shall include the following:
(a) Site plan. All items submitted for preliminary, with modifications as requested.
(b) Utilities plan. Detailed drawings of all required utilities, including water, sewers and underground electric and telephone systems.
(c) Fire protection plan. Water mains, hydrants and other appurtenances.
(d) Landscape plan. Landscaping, buffers, drainage and grading.
(e) Miscellaneous. Construction schedule and disposition program and any other information specifically required by the Planning Commission.
(5) Presentation of final development plans. Presentation of final development plans shall be made to the Planning Commission. The Planning Commission shall submit plans to the appropriate departments within the village, e.g., Fire, Police, Board of Public Affairs. If the proposed development is to be constructed in two or more phases, final plans shall be submitted separately for each phase.
(6) Approval of final development plans. The Planning Commission shall act upon any final plan submitted within 45 days from the date of submittal of all required information. If final plans are not acceptable to the Planning Commission, based upon the requirements and intent of this section, revised final plans may be presented. Only when final or revised final plans are acceptable to the Planning Commission without modification, shall final approval be given.
(7) Modification of final development plans. Final development plans which have been approved pursuant to division (6) above, may, upon written application and subject to the provisions of R.C. Chapter 5311, be modified as follows:
(a) Minor modifications may be permitted upon application to the Planning Commission supplemented by appropriate plans describing said modification. Minor modifications shall be deemed as those modifications to the final development plans which deal with matters which do not significantly alter the overall project, such as: landscaping, minor changes in the location and placement of structures within the restrictions of this chapter, and small variations in the size of common or private areas. All other modifications shall be deemed major modifications.
(b) Major modifications may be permitted only through resubmittal of a final development plan.
(C) Permitted uses. In the R-3 Zoning District, the following uses are permitted:
(1) Attached residences including two and three family dwellings, townhomes, four-plexes and other multiple dwellings having separate private entrances;
(2) Churches;
(3) Cemeteries;
(4) Schools;
(5) Golf courses;
(6) Accessory uses such as private garages, swimming pools (see § 152.010(C)(7)) and accessory structures such as storage sheds and barns; and
(7) Any other use deemed to be similar in accordance with § 152.085.
(D) Conditional uses. The following uses may be approved by the Planning Commission in accordance with § 152.086:
(1) Nursing or convalescent homes;
(2) Funeral homes;
(3) Hospitals or clinics;
(4) Office buildings for professional occupations such as physicians, dentists, attorneys, architects, and insurance agents;
(5) Social and community center buildings;
(6) Accessory uses and structures on an individual lot without a principal use or structure. However, such accessory uses and structures such as garages, storage barns and other similar buildings shall only be permitted on a 22,000 square foot lot with an area set aside for two 40 x 30 foot septic systems and a 960 square foot house. Setback requirements must be met.
(E) Accessory buildings, structures and uses. The following accessory buildings, structures and uses are permitted on a lot in the R-3 District:
(1) Automobile storage facilities including enclosed garages;
(2) Recreation facilities, such as swimming pools, sauna baths and tennis courts, for the exclusive use of residents and their guests;
(3) Landscape features including gardens, fountains, sidewalks, lawns, patios, decorative walls and fences;
(4) Master radio and television antenna, air conditioning and ventilation equipment and necessary utility equipment as permitted under this chapter. However, this does not include telecommunication facilities which are required to be located in the telecommunications facilities overlay district; and
(5) Any building, structure or use customarily accessory or incidental to a permitted use.
(F) Area and height regulations. Land and buildings in the High Density Residence District shall be designed, erected, altered, moved or maintained in such district in accordance with the following:
(1) Development area. The minimum development site in an Attached Residence District shall be five acres.
(2) Density. The density of development shall not exceed six dwelling units per acre.
(3) Height of buildings. Attached residences shall exceed neither 2½ stories nor 35 feet in height as measured from average finish grade of yard to the highest portion of the structure. A greater height limitation may be required if a property is within the Environmental Protection Overlay District.
(4) Attached residences per building. Eight dwelling units, or a lesser number, may be attached one to another by common or adjoining walls and shall be regarded as constituting a single building (but not as a single dwelling unit). All measurements of residences so attached shall be made as a single building. No building shall exceed 240 feet in length. Fire walls shall be at state standards.
(5) Gross floor area of dwelling units. Schedule as follows:
Dwelling Unit | Minimum Area (Sq. Ft.) |
Two bedroom unit | 1,000 |
Three bedroom unit | 1,200 |
Four bedroom unit | 1,400 |
(6) Restrictions on units. One bedroom units are specifically not permitted. The total units shall be divided so that approximately one-third contains two bedrooms, one-third contains three bedrooms, and the remaining one-third may consist of the developer's choice of any mix of approved number of bedrooms. The minimum width of any one story unit shall be 27.5 feet measured at the foundation and the minimum width of any two story unit shall be 24 feet measured at the foundation.
(G) Yard and related requirements. In the R-3 Zoning District, the following yard and related requirements shall be observed:
(1) Frontage requirement. Frontage at each entrance to the development shall be at least 100 feet wide including a minimum buffer of 30 feet on each side of the paved access, except that frontage at pedestrian entrances need not exceed 50 feet in width including minimum buffers of 20 feet on each side of the walk.
(2) Building line setbacks. Placement and erection of all buildings shall be 50 feet from property line adjoining a dedicated street.
(3) Minimum yards. No building or structure may be placed or erected within 40 feet of any site boundary, except that when such boundary is a present or planned dedicated street, the 50 feet setback as set forth above shall apply.
(4) Distances between buildings. The minimum distance between any two adjacent buildings shall be determined by the relationships between their respective main walls according to the requirements of Diagram #1, where: B = the combined Base factor of two adjacent buildings = 40 feet; H = the combined Height factor = 5 feet per 10 feet of combined building height; L = the combined Length factor of two adjacent buildings = 1 foot per 10 feet of combined wall length.
Schedule 406 - 8(D) Minimum Distances Between Buildings | ||
Where Main Walls of Adjacent Buildings: | Within Degrees of Parallel: | Minimum Requirement: |
Overlap | 0° - 30° | B + H + L |
30° - 60° | B + H + ½L | |
60° - 120° | B + H | |
120° - 150° | B + H + ½L | |
150° - 180° | B + H + L | |
DO NOT Overlap | 0° - 30° | ½ (B + H) |
30° - 60° | ¾ (B + H) | |
60° - 120° | B + H | |
120° - 150° | ¾ (B + H) | |
150° - 180° | ½ (B + H) | |
(5) Distances from accessory uses to main building or boundaries. The minimum distances from any attached residence to parking areas, driveways, walks and recreational areas and to lot lines, as set forth below, are intended as desirable criteria and are to be applied in the site planning insofar as possible:
(a) Minimum distance (feet) from dwelling.
Accessory Use | Main Wall | End Wall | From Lot Lines |
Surface garage | 40 | 30* | 20 |
Open parking area | 20 | 20 | 20 |
Private drives | 30 | 10 | 20 |
Walks (public use) | 15 | 10 | 20 |
Recreation areas (active play) | 40 | 30 | 40 |
* or attached to building. | |||
(b) The minimum distances set forth in the above schedule are intended to be applied to the following:
1. The main wall, meaning any exterior wall containing the principal windows of a living, dining or sleeping room or rooms;
2. The end wall, meaning any exterior wall, other than a main wall, containing minor windows or a dining or sleeping room, or windows of a dining or sleeping room, or principal or minor windows of a kitchen or bathroom, or a blank surface;
3. Private drives at all locations except at the garage entrance or main entrance of the dwelling served;
4. Walks used by the public at all locations except at the entrance of the dwelling served; and
5. Recreation areas, meaning areas used for active play.
(6) Private areas. Each attached residence shall have no less than 48 square feet of enclosed, attached, storage area and shall have a private area of not less than 100 square feet at an entrance and differentiated as such by approved patios, screens, walls and painting.
(7) Projections of building features. A projection is that part or feature of a building which extends outside of the enclosing walls and makes the enclosed space more usable. It is intended that certain features may project into required yards, but they shall be regulated as herein set forth so that they will not substantially interfere with the reception of sun, light and air on adjacent lots.
(8) Types of projecting features. The following definitions shall apply to the terms in this section:
(a) ARCHITECTURAL FEATURE. A belt course, balcony, bay window, cornice, chimney, solid overhang, or shading device.
(b) ENTRANCE FEATURES. A platform, landing, steps, terrace or other features not extending above the level of the floor of the first floor level of a building.
(d) SHELTERS, ENCLOSED. An enclosed entry or porch.
(e) SHELTERS, UNENCLOSED. An entrance hood or open but roofed porch.
(c) PROJECTIONS LIMITATIONS. Building features may project into required front and side yards of a dwelling, but shall not project more than set forth in the following schedule:
Projecting Feature | Maximum Projection into Required Front or Side Yard (Ft.) |
Architectural | 4 |
Entrance | 5 |
Shelters, enclosed | None |
Shelters, unenclosed | 4 |
(H) Parking requirements. The parking of automobiles and other motor vehicles on private or public streets within an R-3 District is prohibited. All proposed parking areas shall be screened from adjoining streets and properties by the planting of shrubbery or the construction of a decorative fence or wall. Parking areas shall be permitted at convenient locations throughout the development except that:
(1) No parking area or access drives shall be constructed within 20 feet of any attached residence building.
(2) No parking area shall be closer than 20 feet from the side or rear property line abutting a street.
(3) Landscaped islands and planting areas shall be designed so that no more than eight parking spaces shall be contiguous.
(4) Off-street parking shall be provided in the High Density Residence District so as to provide two spaces per unit.
(5) In view of the desire to preserve natural open space within the development, off-street parking shall not exceed minimum requirements pursuant to § 152.048 by more than 20%.
(I) Street and access requirements. All proposed streets and access within the R-3 District shall be in accord with an approved overall plan conducive to the safe and efficient access and circulation of automobiles and safety and service vehicles. All vehicular pavement in a High Density Residence District shall be constructed in accordance with the standards established by the village in the Subdivision Regulations, contained in Chapter 151 of this code. Circulation and access shall be designed according to the following criteria:
(1) Dedicated streets. No dedicated street shall extend more than 1,200 feet without juncture with another dedicated street.
(2) Dedicated cul-de-sacs. Dedicated cul-de-sacs shall not exceed 600 feet in length or provide direct or indirect access to more than 30 units.
(3) Private drives. Private drives shall be no more than 1200 feet in length and provide direct or indirect access to no more than 60 units.
(4) Private cul-de-sacs. Non-dedicated cul-de-sacs and court arrangements shall not extend more than 1200 feet from a dedicated right-of-way nor provide direct or indirect access to more than 60 units.
(5) Walkway system. A comprehensive walkway system adequately separated from vehicular circulation shall be provided.
(J) Open space requirements. Open space as used in this division means that portion of the total acreage not devoted to buildings and pavement. Open space includes the spaces between buildings, required yards and setbacks, landscaped buffers and lawn areas, tennis courts, swimming pool or other recreational improvements. No less than 60% of the total acreage shall be devoted to open space.
(K) Landscape planting and design. All development within an R-3 District shall be landscaped according to a landscape plan accepted as part of the Final Development Plan. Plantings, walls, fencing and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile sight distances. Natural wooded areas shall be preserved wherever possible.
(L) Other site improvements. In a High Density Residence District the following other site improvements shall be required:
(1) Water supply. An adequate source of potable water shall be brought to the High Density Residence District and must be approved by the village and the Erie County Health Department.
(2) Sewer system. The developer shall at his or her sole expense construct a sanitary sewage system meeting all requirements of the village as well as the Ohio EPA and other relevant authorities.
(3) Electric and telephone systems. Plans and specifications must be approved by the appropriate utilities serving this area.
(4) Fire protection. Plans and specifications must be approved by the Fire Department.
(M) Maintenance and use of public and common areas.
(1) As a condition to approval of a proposed development under provisions of this section, plans for the care, maintenance, use and disposition of all public and common area, if any, shall be approved by the Village Planning Commission providing for:
(a) The public dedication and acceptance for maintenance by the village of property found by the Council to be of benefit to the general public; or
(b) The retention of property in common ownership of the individual owners through appropriate legal means with appropriate legal provisions to insure continuous maintenance and use for the purpose intended.
(2) All areas proposed for dedication to the village must be acceptable in size, shape, location and improvement and shown by the applicant to be of benefit to the general public. Title of all land dedicated to public use shall be unencumbered at the time of conveyance and all areas shall be improved by the applicant, as required by the Village Planning Commission, including all utilities, public walkways and streets through or abutting the property.
(3) For all areas proposed for common ownership by the residents, all rights of development other than for the use specified in the approved final development plan shall be subject to approval of the village. However, each proposal for such use, including parking areas, private access areas, private parks and recreational facilities, and common service facilities shall be accompanied by appropriate legal documents which provide for the management and maintenance of common facilities. Legal instruments providing for dedications, covenants, home associations and subdivision controls shall:
(a) Place title of common property in a form of common ownership by the owners and/or residents of the area, e.g., a duly constituted and legally responsible home association, or cooperative.
(b) Appropriately limit the use of common property.
(c) Place responsibility for management and maintenance of common property. Village Council, at its discretion may require the applicant to obtain village services, for maintenance of commonly held properties where the public health, safety and/or welfare may require.
(d) Place responsibility for enforcement of covenants.
(e) Permit the subjection of each lot to assessment for its proportionate share of maintenance costs.
(4) All common property shall be fully improved by the applicant, as required by the Council, including all utilities, public walkways and streets through or abutting the property. The use, condition and maintenance of all common properties shall comply with village ordinances and existing regulations in all respects.
(N) Solid waste disposal. Arrangements for the performance of rubbish and garbage collection and removal shall be set forth in writing and subject to Planning Commission approval. Any subsequent modification of said arrangements shall be presented to the Planning Commission for review.
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-28, passed 10-21-93; Am. Ord. 1995-O-6, passed 2-18-95; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 2001-O-56, passed 10-16-01; Am. Ord. 2001-O-59, passed 11-8-01)